Legal Question in Real Estate Law in Maine
Right of way in a deed
Our neighbor insists on having some right of way over my property that is not in my deed. My deed allows the heirs of a previous landowner to be able to move over the eastern corner of my property.
''Reserving to (one who died in past and whose property was sold), his heirs adn assigns a right to access to said roadway to Haley Road over the easterly corner of the conveyed lot.''
Does this mean that if the present owners are not heirs of the previous owner, that they no longer have that right?
1 Answer from Attorneys
Re: Right of way in a deed
Language in a document relating to real estate can be tricky to interpret because the terminology evolved from English law, and there are many variations for the manner in which the author of the document can embody the transaction and the intent of the parties.
However, with that said, language conveying an interest to someone and their heirs and assigns is usually interpreted to mean that intrest can be transferred with the land to someone else. Easements often will recite that an easement is in perpetuity or merely personal to the grantee. There may be other language in your deed or in the deed of your neighbor that will lend some context and clear up your question.
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